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HomeMy WebLinkAboutCAG2021-029 - Original - BERK Consulting, Inc. - Kent Senior Needs Assessment - 01/29/2021January 28, 2021 6/30/2021 OK to sign, 1/28/2021, TW. CAG2021-029 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and BERK Consulting, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and BERK Consulting, Inc. organized under the laws of the State of Washington, located and doing business at 2200 Sixth Ave, Suite 1000, Seattle, WA 98121 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Conduct an assessment of the Kent Senior Center that evaluates the needs and demands of senior services in Kent, in accordance with the scope of work attached and incorporated as Exhibit A. The Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION.The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described in Section I by June 30, 2021. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $39,620.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) responsible for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR.The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION.Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the the or legal exposure to the Consultant. Funding for the services to be performed under this Agreement are being paid for utilizing grant funds. If completion of the work under this Agreement or in any contract amendment hereto, the City may, upon written notice to the Consultant, terminate this Agreement immediately. The Consultant must stop all work immediately, and the City will be responsible for paying only for those services performed prior to the date of the termination notice, without penalty. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VIII. INDEMNIFICATION.The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court then the ss fees The provisions of this section shall survive the expiration or termination of this Agreement. CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) IX. INSURANCE.The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees The C , data, and files created by the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. G. Entire Agreement.The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / / / CONSULTANT SERVICES AGREEMENT - 6 (Over $20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Allegra Calder Berk Consulting 2200 Sixth Ave Seattle, WA 98121 (206) 493-2374 (telephone) NOTICES TO BE SENT TO: CITY OF KENT: Cindy Robinson City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5162 (telephone) (253) 856-6150 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk [In this field, you may enter the electronic filepath where the contract has been saved] 01/29/2021 EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Ag policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it wi determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ Exhibit A Anticipated Scope of Work Task 1 Project Kick-off and Project Management BERK will conduct a kick-off meeting with the project team to build a common understanding of desired project outcomes, proposed schedule, and how we will work together to ensure success. This meeting will feature a substantive discussion of the information needed to develop a useful document that makes informed recommendations. We will discuss the effective and efficient use of stakeholder engagement and public outreach. This will include a prioritization of communities of interest for engagement, identifying existing contacts with communities of interest for outreach, and consideration of techniques that may be most effective with communities of interest. As this project progresses, we will schedule a regular check-in (once or twice a month) between the project managers from BERK and the Senior Activity Center. Additional staff may join as needed. This regular communication channel helps to keep the project focused and moving forward. Kick-off meeting agenda T a s k 2 - S i t u a t i o n A s s e s s m e n t The objective of the situation assessment is to gather demographic, economic, social, and health data to better understand potential demand for senior services in Kent. While information and analysis needs will be finalized collaboratively at the kick-off meeting, we anticipate the assessment will include: Population and demographic characteristics for the current senior population (65 plus) and the future senior population (45-64). Household characteristics including household size, income, and tenure. Access to care, health risk factors, and chronic disease incidence. Transportation options. Internet connectivity. Usage data for existing programs, events, and services for older adults provided by the City for programs offered both pre and post-COVID. An inventory of programs available to older adults in Kent, including remote programming. BERK will inventory health and human service providers, adjacent jurisdictions, and other organizations that deliver senior services to people in Kent and the surrounding area through a series of phone interviews and publicly available data on provider location. Contacts will include service and advocacy organizations for culturally and ethnically diverse populations, and LGBTQ people. This provides both an opportunity to collect key data and discover community contacts, local leaders, and alternate resources that can be used for public engagement and implementation. BERK will also contact other communities outside the immediate area to learn about innovative methods of service delivery and best practices. Interviews help us to understand the range of services available to local seniors, which needs are being met, where there are barriers and gaps in service, and the roles that the City of Kent can play to facilitate better services for older adults. Questions will also explore the adequacy, cost, and quality of the services. 16-20 interviews will be completed. Draft and final interview protocol for stakeholder interviews Draft situation assessment and inventory T ask 3 Outreach an d E ngag emen t T ask 3 Outreach an d E ngag emen t After the draft situation assessment is completed, we will meet with Senior Activity Center staff to review it and finalize plans for outreach and engagement. The plans will identify the audiences, methods of engagements, and objectives for outreach and engagement activities, along with BERK and City roles in supporting these activities. BERK will design activities and outreach materials for Senior Activity Center staff to distribute. Outreach and engagement will take place over a four week period and will be conducted remotely. BERK will develop an online survey and simple printed exercise that can be distributed and returned by mail. Materials will be suitable for translation by the City, if desired, and can be formatted to accommodate the translation. BERK will also lead two or three remote engagement activities in conjunction with existing programming or group meetings arranged by KSAC or other organizations serving older adults. Outreach will leverage existing City mailing lists, newsletters, and social media. There may be an opportunity for joint outreach with the Mobile Home Park Assessment BERK is conducting with Community Development. Where possible, we will leverage service and contacts made through the interview process in Task 2 to extend outreach efforts, particularly to capture the needs and perspectives of those who do not participate in City programs currently and from culturally diverse, immigrant, and LGBTQ populations. This should provide insight in how the City can better provide service to these communities, or support those who are already providing services. Task 3 De liverable s Engagement approach memo. Materials to support public outreach and engagement. Additional engagements (approximately $1,200 to $1,600 each) Translation and interpretation costs (cost varies) Task 4 Needs Assessment At the conclusion of the outreach and engagement phase, BERK will host a remote workshop with City staff and interested stakeholders to discuss preliminary findings and identify next steps and strategies to be included in the draft needs assessment. The draft needs assessment will pull together direction from this workshop, from the situation assessment and inventory, and engagement activities to develop recommendations for supporting the needs of older adults in the community. This will include implementation steps, an estimate of the magnitude of costs, and recommendations for prioritizing needs. Comments and changes will be incorporated into a final needs assessment. Materials to support strategy workshop. Draft and final needs assessment. Preparation of materials and presentation to Council or other review body (approximately $1,200) Cost Estimate The $29,620 budget below shows the level of effort to produce an older adults needs assessment without the additional effort items shown for each task. Allegro Calder Sherrie Hsu Chloe Kinsey Jescelle Major Principal in Project Analyst Outreach and Total Hours and Charge Manager Engagement Estimated Cost by Task 2020 Hourly Rate $250 $160 $140 $140 Kick-off 2 2 2 2 On -going project management 10 Subtotal 2 12 2 2 18 $2,980 Quantitative Data 1 10 14 Interviews 1 4 16 16 Draft Situation Assessment 2 8 8 2 Subtotal 4 22 38 18 82 $12,360 Approach 2 2 Materials 2 2 16 Engagements 2 4 18 Subtotal 6 6 0 36 48 $7,500 Strategy Workshop Draft Needs Assessment Final Needs Assessment Subtotal 4 4 2 4 2 10 2 2 2 4 2 8 18 6 6 38 $6,560 Total Estimated Hours 20 58 46 62 186 Cost (Hours•Rate) $5,000 $9,280 $6,440 $8,680 $29,400 Subtotal Consultant Cost $29,400 Project Expenses at —1 % of Project Budget $220 Estimated Project Total $29,620 Optional hems $10,D00 Total with Optional Ilem: $39,620 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3.coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued ) 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than 1,000,000 per claim. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant insurance and shall not contribute with it. 2. The Consultant not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant lity insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. EXHIBIT B (Continued ) F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. N / A SUBR WVD ADDL INSD AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY (Mandatory in NH) LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB COMMERCIAL GENERAL LIABILITY CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT TABLE OF CONTENTS I.Blanket Additional Insured Provisions A. Additional Insured – Blanket Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1. Primary – Noncontributory provision 2. Definition of "written contract." II.Liability Extension Coverages A. Bodily Injury – Expanded Definition B. Broad Knowledge of Occurrence C. Estates, Legal Representatives and Spouses D. Legal Liability – Damage to Premises E. Personal and Advertising Injury – Discrimination or Humiliation F. Personal and Advertising Injury – Broadened Eviction G. Waiver of Subrogation -Blanket I.BLANKET ADDITIONAL INSURED PROVISIONS A. ADDITIONAL INSURED – BLANKET VENDORS 1. a. b. c. d. e. f. g. h. (1)d.f. (2) 2. 3.2. 4.2. B. MISCELLANEOUS ADDITIONAL INSUREDS 1. Who Is An Insured 3.a.3.j. 2. a. b. c. c. 3.j. 3. a. Controlling Interest (1) (2) b. Co-owner of Insured Premises c. Grantor of Franchise d. Lessor of Equipment e. Lessor of Land f.Lessor of Premises g. Mortgagee, Assignee or Receiver h. State or Political Subdivisions (1) (a) (b) (c) (2) (a) (b)" i.Trade Show Event Lessor a. b. j.Other Person or Organization a.i. (1) (2) (2) (a) (b) (3) C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE 1.BUSINESSOWNERS COMMON POLICY CONDITIONS Other Insurance 2.Liability and Medical Expense Definitions a. b. (1) (2) II.LIABILITY EXTENSION COVERAGES Businessowners Liability Coverage Form A. Bodily Injury – Expanded Definition Liability and Medical Expenses Definitions B. Broad Knowledge of Occurrence a.b. (1) (2) (3) (4) (5) (6) C. Estates, Legal Representatives and Spouses D. Legal Liability – Damage To Premises 1.B. Exclusions, 1. Applicable to Business Liability Coverage k. Damage To Property k. Damage To Property 1. 2. 3. 4. 5. 6. 2 1 3 4 (1) (2) (3) 3 4 5 6 6 2.B. Exclusions, 1. Applicable to Business Liability Coverage (14)Personal and Advertising injury c, d, e,f,g, h,i,k,l,m, n, and o Section D. Liability And Medical Expenses Limits Of Insurance 3.5. Damage To Premises Rented To You Li Liability And Medical Expenses Limits Of Insurance E. Personal and Advertising Injury – Discrimination or Humiliation 1.Liability and Medical Expenses Definitions h. (1) (a) (b) (2) 2.B. Exclusions, 1. Applicable to Business Liability Coverage Personal and Advertising injury (15)Discrimination Relating to Room, Dwelling or Premises (16)Employment Related Discrimination (17)Fines or Penalties 3.(Personal and Advertising Injury – Discrimination or Humiliation) Personal and Advertising Injury Liability F. Personal and Advertising Injury -Broadened Eviction Liability and Medical Expenses Definitions c. G. Waiver of Subrogation – Blanket a. Signature: Lori Hogan (Jan 20," 0 1 9:18 PST) Email: Ihogan@kentwa.gov Signature: 4 Email: rlashley@kentwa.gov Signature: 9ccCce P�ua%cr.�u�° Julie Parascondofa (Jan 22, 202117:23 PST) Email: jparascondola@kentwa.gov Berk_Contract_2021 Complete Final Audit Report 2021-01-24 Created: 2021-01-20 By: Cindy Robinson (Crobinson@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAQKJLIORvNL21syg254Vz8R4tISrFpX5E "Berk_Contract_2021 Complete" History Document created by Cindy Robinson (Crobinson@kentwa.gov) 2021-01-20 - 11:49:17 PM GMT- IP address: 146.129.252.126 Document emailed to Lori Hogan (Ihogan@kentwa.gov) for signature 2021-01-20 - 11:57:06 PM GMT Email viewed by Lori Hogan (Ihogan@kentwa.gov) 2021-01-21 - 0:33:17 AM GMT- IP address: 73.140.129.133 1 Document e-signed by Lori Hogan (Ihogan@kentwa.gov) Signature Date: 2021-01-21 - 3:18:25 AM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2021-01-21 - 3:18:29 AM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2021-01-22 - 6:11:57 PM GMT- IP address: 146.129.252.126 E1 Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2021-01-22 - 6:12:25 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Julie Parascondola Qparascondola@kentwa.gov) for signature 2021-01-22 - 6:12:27 PM GMT Email viewed by Julie Parascondola (jarascondola@kentwa.gov) 2021-01-23 - 1:23:16 AM GMT- IP address: 73.169.162.121 1 Document e-signed by Julie Parascondola Qparascondola@kentwa.gov) Signature Date: 2021-01-23 - 1:23:59 AM GMT - Time Source: server- IP address: 73.169.162.121 Document emailed to Allegra Calder (allegra@berkconsulting.com) for signature 2021-01-23 - 1:24:01 AM GMT 0 Adobe Sign Email viewed by Allegra Calder (allegra@berkconsulting.com) 2021-01-24 - 8:18:11 PM GMT- IP address: 24.143.105.135 Document e-signed by Allegra Calder (allegra@berkconsulting.com) Signature Date: 2021-01-24 - 8:19:21 PM GMT - Time Source: server- IP address: 24.143.105.135 Agreement completed. 2021-01-24 - 8:19:21 PM GMT 0 Adobe Sign